Federal Register of Legislation - Australian Government

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No. 8 of 1997 Guides & Guidelines as amended, taking into account amendments up to Instrument varying the instrument of revocation of the Guide to the Assessment of Rates of Veterans' Pensions ('the Guide') and varying the Guide, under subsection 29(2) of the Veterans' Entitlements Act 1986 (No. 3 of 1998)
Administered by: Veterans' Affairs
Registered 19 Aug 2013
Start Date 16 Apr 1998
End Date 19 Mar 2014
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

REVOCATION OF THE
GUIDE TO THE ASSESSMENT OF
RATES OF VETERANS’ PENSIONS

 

As amended

 

made under the

 

Veterans’ Entitlements Act 1986

 

This compilation was prepared on 31 July 2013

taking into account amendments up to:

 

Instrument varying the instrument of revocation of the Guide to the Assessment of Rates of Veterans’ Pensions (‘the Guide’) and varying the Guide,under subsection 29(2) of the Veterans’ Entitlements Act 1986 (No. 3 of 1998) (F2006B00504)

 

 

Prepared by the Legal Services and Assurance Branch,

Department of Veterans' Affairs, Canberra.

 


 

 

Revocation

(1)        The Repatriation Commission, under subsection 29(2) of the Veterans’

 Entitlements Act 1986 (the Act), revokes the Guide to the Assessment of Rates

of Veterans’ Pensions prepared by it under subsection 29(1) of the Act by

instrument No.7 of 1994 (the old Guide), dated 10 June 1994 and approved by

the Minister under subsection 29(3) of the Act on 17 June 1994.

 

Commencement

(4)        This instrument of revocation shall take effect upon the commencement of the

new Guide approved by the Minister to come into operation on 18 April 1998.

 

 


 

Notes to the Revocation of the Guide to the Assessment of Rates of Veterans’ Pensions

 

Note 1

 

The Revocation of the Guide to the Assessment of Rates of Veterans’ Pensions (in force under the Veterans’ Entitlements Act 1986) as shown in this compilation comprises the legislative instruments indicated in the Table below.

Table of Legislative Instruments

Year and
number

Date of FRLI
registration

Date of
commencement

Application, saving or
transitional provisions

1997 No.8

8 March 2006 (see F2006B00505)

1 March 1998

Section (2) and section (3) (see Table A)

1998 No.1

8 March 2006 (see F2006B00506)

30 January 1998

 

1998 No.3

8 March 2006 (see F2006B00504)

16 April 1998

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Para. (2)

am. 1998 No.1; am. 1998 No.3

Para. (3)

am. 1998 No.1

Para. (4)

am. 1998 No.1

 


 

Table A Application, saving or transitional provisions

 

Legislative Instrument 1997 No. 8

 

Application

(2)        The Guide to the Assessment of Rates of Veterans’ Pensions, instrument No.9

of 1997 (as varied by instruments Nos 2 and 3 of 1998) (the new Guide), applies to any decision by the Repatriation Commission, the Veterans’ Review Board, or the Administrative Appeals Tribunal on or after 18 April 1998, whether the proceedings relating to the decision commenced before, on, or after that date.

 

(3)        In the course of re-assessing or reviewing the assessment or re-assessment of

the rate at which a pension is payable, the degree of incapacity of the person to

whom that pension is payable shall not be a percentage that is less than the

percentage of the general rate of pension constituted by the rate at which that

pension was, immediately before 18 April 1998, payable unless:

 

(a)        the degree of incapacity of that person from war-caused or defence-

caused injury or disease has decreased (as assessed under the old

Guide) since the rate of pension was previously assessed or last

assessed; or

 

(b)        the previous assessment or last assessment would not have been made

but for a false statement or misrepresentation of a person.